The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the victim X.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misapprehension of legal principles as to the facts charged in the instant case by Defendant 1) misunderstanding of facts or misapprehension of legal principles are as follows. 2) The sentencing of the lower court (two years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. 1) As to the existence of the Defendant’s ability to repay with respect to the fact of fraud in the trial room, the charge of fraud in this part is the crime committed from December 2009 to June 201. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s self-sufficiency in the above period has been aggravated to the extent that it is impossible to discharge the Defendant’s obligation. On April 25, 2008, the Defendant is the 8 store on the first floor (hereinafter “M store”).

B) P Co. 4 purchased 2,00,000 won in P’s name. For the payment of the sale price, the Defendant had to bear the principal or interest on the N,O, and P’s loans, and as a result, the Defendant had to pay the amount equivalent to KRW 40,000 per month to financial institutions. In this situation, the completion of M Co., Ltd, which was scheduled to be completed around February 2009, was delayed, and the Defendant had sharply aggravated financial capacity at the interest cost on the loans, and the status of the purchase of 8 Co., Ltd, which was sold on October 2009, did not change (the Defendant also recognized that the financial situation had aggravated rapidly since February 2, 2009, which was the date of completion of the M Co., Ltd.).

(2) As a result, the Defendant, upon completion of December 2009, borrowed KRW 270 million from the Civil Credit Union and borrowed to other persons, and on December 23, 2009, did not have to pay the remainder of KRW 370 million for the remaining 30 million. Meanwhile, the Defendant (BL) around June 2005.